Sterling Heights Wrongful Death Attorney

The Importance of Hiring a Sterling Heights Wrongful Death Attorney

Dealing with the aftermath of a wrongful death is challenging, both emotionally and legally. Having a compassionate and knowledgeable Sterling Heights wrongful death attorney by your side can make a significant difference. Here’s how we can assist you:

1. Understanding Your Rights: We will explain your legal rights and the potential avenues for seeking compensation, helping you make informed decisions.
2. Investigating the Case: Our team will thoroughly investigate the circumstances surrounding your loved one’s death, gathering evidence, witness statements, and expert opinions as needed.
3. Establishing Liability: We will work to prove that another party’s negligence or wrongful actions led to the fatality, holding them accountable for their actions.
4. Negotiating with Insurance Companies: Insurance companies often seek to minimize payouts. We will negotiate on your behalf to ensure you receive fair compensation for your loss.
5. Representing You in Court: If a fair settlement cannot be reached, we are prepared to take your case to court, advocating for your rights and pursuing justice for your loved one.
6. Providing Emotional Support: Beyond legal representation, we understand the emotional toll of losing a loved one. Our compassionate team is here to listen and provide support during this difficult time.

Wrongful Death Guide

• What is Wrongful Death?
• The Importance of Hiring a Sterling Heights Wrongful Death Attorney
• Understanding Wrongful Death Claims
• The Legal Process for Wrongful Death Claims
• Why Choose Goodman Acker PC as Your Sterling Heights Wrongful Death Attorney
• Key Arguments to Expect from the Defense in Wrongful Death Cases
• Types of Damages Available in Wrongful Death Claims
• Frequently Asked Questions About Wrongful Death Claims
• Ready to Hire a Respected Sterling Heights Wrongful Death Attorney?

Understanding Wrongful Death Claims

Navigating the legal framework surrounding wrongful death claims can be complex. Here’s an overview of the key components:

1. Who Can File a Wrongful Death Claim?

In Michigan, the law allows specific individuals to file a wrongful death claim. Typically, the following parties may be eligible:

• Spouse: The deceased person’s spouse has the primary right to file a claim.
• Children: If the deceased does not have a spouse, the children may file the claim.
• Parents: If there is no spouse or children, the deceased’s parents may file.
• Personal Representative: In some cases, a personal representative of the deceased’s estate may file the claim on behalf of the eligible beneficiaries.

2. Types of Damages in Wrongful Death Cases

When pursuing a wrongful death claim, various types of damages may be sought, including:

• Economic Damages: This includes measurable financial losses, such as funeral expenses, medical bills incurred prior to death, lost wages, and loss of future income.
• Non-Economic Damages: These encompass intangible losses, such as pain and suffering, emotional distress, loss of companionship, and loss of consortium.

3. The Burden of Proof

In a wrongful death claim, the burden of proof lies with the plaintiff (the person filing the claim). To succeed, we must demonstrate that:

• The defendant had a duty of care to the deceased.
• The defendant breached that duty through negligent or wrongful conduct.
• The breach directly caused the death of the individual.
• The plaintiff suffered damages as a result.

The Legal Process for Wrongful Death Claims

Filing a wrongful death claim involves several steps. Here’s a general overview of the process:

1. Initial Consultation

The first step is to schedule a consultation with our team. We will listen to your story, evaluate the circumstances of your loved one’s death, and determine the best course of action.

2. Investigation

Once we take on your case, we will conduct a thorough investigation, which may include:

• Gathering Evidence: Collecting medical records, accident reports, and other relevant documentation.
• Witness Statements: Interviewing witnesses who can provide insight into the circumstances surrounding the death.
• Expert Opinions: Consulting with experts, if necessary, to strengthen your case.

3. Filing the Claim

After gathering sufficient evidence, we will file a wrongful death claim with the appropriate parties, such as insurance companies or the court.

4. Negotiation

We will engage in negotiations with the opposing party or their insurance company, advocating for fair compensation. Our goal during this stage is to reach a settlement that adequately compensates you for your loss.

5. Trial

If negotiations do not yield satisfactory results, we are prepared to take your case to trial. During the trial, we will present your case before a judge and jury, advocating for your rights and pursuing justice for your loved one.

Common Misconceptions About Wrongful Death Claims

Understanding the realities of wrongful death claims can help alleviate confusion and anxiety. Here are some common misconceptions:

1. Wrongful Death Claims Are Only for Accidental Deaths

Many people believe that wrongful death claims only apply to accidental deaths. However, these claims can arise from various situations, including medical malpractice, criminal acts, and defective products.

2. You Can Only File a Claim If Criminal Charges Are Filed

While criminal charges may accompany a wrongful death situation, they are separate from civil claims. You can pursue a wrongful death claim even if no criminal charges are filed.

3. There Is No Need to Hire a Lawyer

Some individuals believe they can navigate a wrongful death claim on their own. However, the complexities of these cases often require legal representation to ensure that your rights are protected and you receive fair compensation.

4. You Have Unlimited Time to File a Claim

In Michigan, there is a statute of limitations that limits the time you have to file a wrongful death claim. Typically, you have three years from the date of the deceased’s death to initiate legal action. Delaying can jeopardize your claim, making it essential to act promptly.

Why Choose Goodman Acker PC as Your Sterling Heights Wrongful Death Attorney

When looking for a Sterling Heights wrongful death attorney, choosing a team that understands your needs and the local landscape is vital. Here’s what sets us apart:

1. Local Knowledge

As a firm deeply rooted in the Sterling Heights community, we have a thorough understanding of local laws, resources, and the specific challenges faced by residents.

2. Compassionate Approach

We take a compassionate approach to every case, understanding the emotional toll that losing a loved one can have on a family. Our team is dedicated to providing support and guidance throughout the legal process.

3. Commitment to Results

Our commitment is to achieve the best possible outcomes for our clients. We work tirelessly to ensure that your case is handled with the utmost care and attention to detail.

4. Transparent Communication

We believe in open and honest communication. We will keep you informed throughout the process, ensuring that you understand your options and feel empowered to make decisions.

Key Arguments to Expect from the Defense in Wrongful Death Cases

When pursuing a wrongful death claim, it’s crucial to understand the potential arguments the defense may raise. Anticipating these strategies can help you and your Sterling Heights wrongful death attorney prepare a robust case. Here are some common defense arguments you might encounter:

1. Denial of Negligence

One of the primary defenses often raised is the assertion that the defendant was not negligent. The defense may argue that the actions leading to the death did not constitute a breach of duty or that the defendant acted reasonably under the circumstances. To counter this, we will gather evidence to establish the defendant’s duty of care and how they failed to uphold it.

2. Causation Challenges

The defense may argue that the plaintiff cannot prove a direct link between the defendant’s actions and the death of the individual. They might suggest that other factors contributed to the fatality. This is where strong evidence, including expert testimony, becomes essential to establish clear causation.

3. Pre-Existing Conditions

Another common defense strategy is to claim that the deceased had pre-existing medical conditions that contributed to their death. The defense may argue that these conditions were the primary cause, rather than the actions of the defendant. This can complicate your case, making it critical to have comprehensive medical records to demonstrate the impact of the wrongful act.

4. Comparative Negligence

As Michigan follows a modified comparative negligence rule, the defense may argue that the plaintiff shares some fault for the incident. If they can establish that the deceased’s actions contributed to their own death, this may reduce the compensation awarded. We will work diligently to counter any claims of shared responsibility, ensuring your claim reflects the full extent of the defendant’s liability.

5. Disputing the Severity of Damages

The defense might also challenge the severity of the damages claimed, arguing that the plaintiff is exaggerating their losses. They may present alternative narratives or evidence to suggest that the impact of the death was not as profound as claimed. Having detailed documentation of your emotional and financial losses will be vital in countering these assertions.

Types of Damages Available in Wrongful Death Claims

In a wrongful death claim, various types of damages can be pursued to compensate for your loss. Understanding these damages can help you assess the full scope of your potential recovery. Here are the primary categories of damages you may seek:

1. Economic Damages

Economic damages are tangible losses that can be quantified and calculated. These may include:

• Funeral and Burial Expenses: Costs associated with the funeral, burial, and related services.
• Medical Expenses: Any medical costs incurred before the deceased’s passing, such as hospital bills, medications, and treatments related to the incident.
• Lost Wages: Compensation for the income the deceased would have earned had they lived, including future earnings and benefits.
• Loss of Inheritance: If the deceased’s death affects the financial support you would have received, you may seek damages for lost inheritance.

2. Non-Economic Damages

Non-economic damages address the intangible impacts of a loved one’s death. These can include:

• Pain and Suffering: Compensation for the emotional distress and suffering experienced by the deceased before death and the grief endured by surviving family members.
• Loss of Companionship: Damages for the loss of love, affection, and companionship that the deceased provided to their family.
• Loss of Consortium: This refers to the deprivation of the benefits of a family relationship, typically claimed by a spouse or partner.

3. Punitive Damages

In certain cases where the defendant’s actions are found to be particularly egregious or reckless, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar behavior in the future. While not as common in wrongful death cases, they can be pursued if the circumstances warrant it.

Frequently Asked Questions About Wrongful Death Claims

Ready to Hire a Respected Sterling Heights Wrongful Death Attorney?

The loss of a loved one is an unimaginable burden, and when that loss is due to someone else’s actions, the quest for justice becomes even more critical. At Goodman Acker PC, we are dedicated to helping families in Sterling Heights navigate the complexities of wrongful death claims.

As your Sterling Heights personal injury attorney, we will work tirelessly to advocate for your rights and seek the compensation you deserve.

If you lost a loved one due to wrongful death, don’t hesitate to reach out. Contact us today at (586) 261-8457 for your free consultation, and let us help you take the first step toward healing and justice. Together, we can navigate this challenging journey and work toward securing a brighter future for you and your family.

Goodman Acker P.C. – Sterling Heights Office Location

Address:113854 Lakeside Cir suite 240
Sterling Heights, MI 48313
Phone: (586) 261-8457

LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]